Tennessee Code Annotated
Tenn. Code Ann. § 39-14-401 (2026)
Definitions for burglary and related offenses
✓ current as of May 2026
As used in this part, unless the context otherwise requires:
- (1) "Habitation":
- (A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
- (B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
- (C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
- (2) "Occupied" means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
- (3) "Owner" means a person in lawful possession of property whether the possession is actual or constructive. "Owner" does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.
Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.
Notes of Decisions
Cited in 156
cases (11 in the last 5 years), 1996–2026 · leading case: United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). “” Tenn. Code Ann. § 39-14-401 (1). In other words, it restricts the ambit of the statute to only those vehicles and movable enclosures that are habitable.”
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “§ 39-14-403 (a); see Tenn. Code Ann. §§ 39-14-401 & -402. The relevant definition of burglary is when a person enters a building other than a habitation with the intent to commit a felony or theft.”
State v. Gentry, 538 S.W.3d 413 (Tenn. 2017). “See Tenn. Code Ann. §§ 39-14-401 to -403 (2014 & 2017 Supp.”
United States v. Yahir Lara, 590 F. App'x 574 (6th Cir. 2014). “See Tenn.Code Ann. § 39-14-401(1X0. The definition of “appurtenance” is “[s]omething that belongs or is attached to something else; esp.”
State v. Baker, 956 S.W.2d 8 (Tenn. Crim. App. 1997). “” Tenn.Code Ann. § 39-14-401(3). The victim leased the duplex in question.”
State of Tennessee v. Perry A. March, 293 S.W.3d 576 (Tenn. Crim. App. 2008). “” T.C.A. § 39-14-401(3); see State v. Joel Christian Parker, No.”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “Aggravated burglary is defined as "burglary of a habitation as defined in §§ 39-14-401 and 39-14-402.” Id. § 39-14-403(a).”
United States v. Stitt, 139 S. Ct. 399 (2018). “That is so, Stitt contends, because the statute covers the burglary of a "structure appurtenant to or connected with" a covered structure or vehicle, a provision that Stitt reads to include the burglary of even ordinary vehicles that are plugged in or otherwise appurtenant to…”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). “Codified Laws § 22-1-2 ; Tenn. Code Ann. § 39-14-401 (1) ; Tex. Penal Code Ann.”
State v. James, 315 S.W.3d 440 (Tenn. 2010). “§ 39-14-401(1)(A) (2006). The Defendant described the State’s proof that he entered the residence of the victim as “nonexistent.”
State v. Langford, 994 S.W.2d 126 (Tenn. 1999). “” Tenn.Code Ann. § 39-14-401(3). The evidence in this case clearly establishes that Ms.”
United States v. Nathaniel Ozier, 796 F.3d 597 (6th Cir. 2015). “Tenn.Code § 39-14-401(1). Section 39-14-402 generally defines burglary: A person commits burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a…”
— Tenn. Code Ann. § 39-14-401(1) — 7 cases
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). “” Tenn. Code Ann. § 39-14-401 (1). In other words, it restricts the ambit of the statute to only those vehicles and movable enclosures that are habitable.”
State v. Lewis, 958 S.W.2d 736 (Tenn. 1997).
United States v. Yahir Lara, 590 F. App'x 574 (6th Cir. 2014). “See Tenn.Code Ann. § 39-14-401(1X0. The definition of “appurtenance” is “[s]omething that belongs or is attached to something else; esp.”
State v. Cross, 362 S.W.3d 512 (Tenn. 2012).
United States v. Nathaniel Ozier, 796 F.3d 597 (6th Cir. 2015). “Tenn.Code § 39-14-401(1). Section 39-14-402 generally defines burglary: A person commits burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a…”
— Tenn. Code Ann. § 39-14-401(1)(A) — 38 cases
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). “” Tenn. Code Ann. § 39-14-401 (1). In other words, it restricts the ambit of the statute to only those vehicles and movable enclosures that are habitable.”
State v. James, 315 S.W.3d 440 (Tenn. 2010). “§ 39-14-401(1)(A) (2006). The Defendant described the State’s proof that he entered the residence of the victim as “nonexistent.”
State of Tennessee v. Marcus Pope, 427 S.W.3d 363 (Tenn. 2013).
State of Tennessee v. Joseph Tolbert III a/k/a Micah Joshua Ford, 507 S.W.3d 197 (Tenn. Crim. App. 2016).
United States v. Nathaniel Ozier, 796 F.3d 597 (6th Cir. 2015). “Tenn.Code § 39-14-401(1). Section 39-14-402 generally defines burglary: A person commits burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a…”
— Tenn. Code Ann. § 39-14-401(1)(B) — 1 case
State of Tennessee v. John P. Stone (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-14-401(1)(a) — 1 case
State of Tennessee v. Steven Dale Hill (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-14-401(2) — 1 case
State of Tennessee v. John P. Stone (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-14-401(3) — 20 cases
State of Tennessee v. Perry A. March, 293 S.W.3d 576 (Tenn. Crim. App. 2008). “” T.C.A. § 39-14-401(3); see State v. Joel Christian Parker, No.”
State v. Baker, 956 S.W.2d 8 (Tenn. Crim. App. 1997). “” Tenn.Code Ann. § 39-14-401(3). The victim leased the duplex in question.”
State v. Langford, 994 S.W.2d 126 (Tenn. 1999). “” Tenn.Code Ann. § 39-14-401(3). The evidence in this case clearly establishes that Ms.”
Thompson v. Ashe, 250 F.3d 399 (6th Cir. 2001).
State of Tennessee v. James Anthony Burgess (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-14-401(A) — 2 cases
United States v. Yahir Lara, 590 F. App'x 574 (6th Cir. 2014). “See Tenn.Code Ann. § 39-14-401(1X0. The definition of “appurtenance” is “[s]omething that belongs or is attached to something else; esp.”
State of Tennessee v. Johnny Tate (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-14-401(a) — 3 cases
State v. Cowart (Tenn. Crim. App. 2010).
State of Tennessee v. Travis Seiber (Tenn. Crim. App. 2016).
State of Tennessee v. Eric Lebron Hale (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 39-14-401(a)(1) — 2 cases
State of Tennessee v. Kenneth Webster (Tenn. Crim. App. 2011).
State of Tennessee v. Patricia Smith (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 39-14-401(l)(A) — 3 cases
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). “” Tenn. Code Ann. § 39-14-401 (1). In other words, it restricts the ambit of the statute to only those vehicles and movable enclosures that are habitable.”
State v. Baker, 956 S.W.2d 8 (Tenn. Crim. App. 1997). “” Tenn.Code Ann. § 39-14-401(3). The victim leased the duplex in question.”
United States v. Yahir Lara, 590 F. App'x 574 (6th Cir. 2014). “See Tenn.Code Ann. § 39-14-401(1X0. The definition of “appurtenance” is “[s]omething that belongs or is attached to something else; esp.”
— Tenn. Code Ann. § 39-14-401(l)(C) — 1 case
United States v. Yahir Lara, 590 F. App'x 574 (6th Cir. 2014). “See Tenn.Code Ann. § 39-14-401(1X0. The definition of “appurtenance” is “[s]omething that belongs or is attached to something else; esp.”
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